Sixth Ciruit Remands on Various FMLA Claims
In Chapman v. Brentlinger Enterprises (6th Cir. Nos. 23-3582/3613, 12/13/2024), Chapman alleged various claims including employer interference and retaliation under the Family Medical Leave Act ("FMLA") following her termination after taking time off to take care of...
Sixth Circuit Affirms ADEA Summary Judgment – Plaintiff not Qualified for Failure to Pass Graded Test
In Walden v. General Electric International and Communication Workers of America (6th Cir., No. 24-5141, 10/24/2024), Walden sued his employer and union for age discrimination. The Western District of Kentucky granted summary judgment for the defendants. Walden worked...
Sixth Circuit Affirms – and Reverses – on ADEA Discrimination and Harassment Claims
In McNeal v. City of Blue Ash, Ohio (6th Cir., No. No. 23-3180, 9/23/2024), the City terminated McNeal, a 61-year-old police officer and the oldest officer in the Department. He sued claiming age discrimination and a hostile work environment. The federal district...
Retaliatory Discharge Claim Not Covered by Arbitration Provision in Employee Confidentiality Agreement
In Collier Engineering Co v. Martin (Tenn. Ct. App. M.S., No. M2022-01641-COA-R3-CV, Sept. 23, 2024), Collier Engineering sued Martin, a former employee, for breach of contract – specifically, an “Employee Confidentiality, Non-Compete, and Non-Solicitation Agreement”...
Employer Must Re-Open Union Facility Due to Unfair Labor Practice – Sixth Circuit
In Quickway Transportation v. National Labor Relations Board, Teamsters Union Local 89 (Intervenor), Sixth Circuit, Nos. 23-1780/1820 (Sept. 11, 2024), the Union had successfully organized the employees at Quickway’s Louisville, Kentucky distribution facility....
Sixth Circuit Affirms Jury Verdict for Sexual Harassment
After a four-day trial and three days of deliberations, a jury in the Eastern District of Tennessee found in favor of the plaintiff Ariel Schlosser, awarding $58,170.00 in back pay incurred subsequent to her resignation. Schlosser was hired as a certified diver for...